Copying Book: Secretary's Letters, 1860 (page 222)

222

of this case leads to the conclusion that each proprietor
of a lot containing 300 square feet & upwards is entitled
to a vote proportional to his interest.

[the rest of this page appears to be deleted?]

In. Gen. Stats. Ch. 28. Sec. 2. Proprietors of Cemetery
Corporations are invested with the powers and privileges,
and are made subject to the duties, restrictions and liab-
ities of Chap. 68, and the first sixteen sections of Ch. 67 of
Gen. Stats. -

Chap. 68, Sec. 7, "Corporation may by their bylaws, where
no other provision is specially made, determine xxx the
number of shares that shall entitle the members to one or
more votes; the mode of voting by proxy"; &c.

If it were doubtful whether this was not [intend?]
to apply to stock rather than Cemetery Corporations, it
appears to me there can be no doubt of the applica-
bility of Sec, 12 of Chap. 67 to our case, which is:

"Each proprietor shall be entitled to vote according
to the number of his shares or the [?] of his interest
when the same is known, and when not known, the
proprietors shall vote equally. Absent proprietors
may vote by proxy authorized in writing."

As this provision (which is under "Proprietors of Wharves, Gen
eral Fields and Real Estate lying in Common") not only goes
back to the General Revised Statutes, but was enacted as early
is 1785, and as the General Statutes relating to Cemetery
Corporations adopt that provision by way of reference, there
can be no reasonable doubt that the same provis-
ion is applicable & the Charter of this Corporation; and
that if the Trustees see fit to adopt the principle